AB378-ASA1,9,66 1. In the first year that the property is taxable, 100%.
AB378-ASA1,9,77 2. In the 2nd year that the property is taxable, 80%.
AB378-ASA1,9,88 3. In the 3rd year that the property is taxable, 60%.
AB378-ASA1,9,99 4. In the 4th year that the property is taxable, 40%.
AB378-ASA1,9,1010 5. In the 5th year that the property is taxable, 20%.
AB378-ASA1,9,2011 (b) Beginning with the distributions in 2005, if property that was exempt from
12the property tax under s. 70.112 (4) and that was used to generate power by a light,
13heat, or power company, except property under s. 66.0813, unless the production
14plant is owned or operated by a local governmental unit located outside of the
15municipality, or by an electric cooperative, or by a municipal electric company under
16s. 66.0825, is decommissioned, the county shall be paid, from the public utility
17account, an amount calculated by subtracting an amount equal to the property taxes
18paid for that property during the current year to the county for its general operations
19from the following percentages of the payment the county received under this section
20during the last year that the property was exempt from the property tax:
AB378-ASA1,9,2121 1. In the first year that the property is taxable, 100%.
AB378-ASA1,9,2222 2. In the 2nd year that the property is taxable, 80%.
AB378-ASA1,9,2323 3. In the 3rd year that the property is taxable, 60%.
AB378-ASA1,9,2424 4. In the 4th year that the property is taxable, 40%.
AB378-ASA1,9,2525 5. In the 5th year that the property is taxable, 20%.
AB378-ASA1, s. 21
1Section 21. 79.04 (6) of the statutes is created to read:
AB378-ASA1,10,142 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin
3operation after December 31, 2003, or begin operation as a repowered production
4plant after December 31, 2003, the department of administration, upon certification
5by the department of revenue, shall distribute payments from the public utility
6account, as determined under par. (b), to each municipality and county in which a
7production plant is located, if the production plant has a name-plate capacity of at
8least one megawatt and is used by a light, heat, or power company assessed under
9s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813, unless the production
10plant is owned or operated by a local governmental unit located outside of the
11municipality; by a qualified wholesale electric company, as defined in s. 76.28 (1)
12(gm); by a wholesale merchant plant, as defined in s. 196.491 (1) (w); by an electric
13cooperative assessed under ss. 76.07 and 76.48, respectively; or by a municipal
14electric company under s. 66.0825.
AB378-ASA1,10,1815 (b) Subject to pars. (c) and (d), each municipality entitled to a payment under
16par. (a) and each county in which such a municipality is located shall receive a
17payment equal to a portion of an amount that is equal to the number of megawatts
18that represents the production plant's name-plate capacity, multiplied by $2,000.
AB378-ASA1,11,219 (c) 1. If the production plant is located in a city or village, the city or village
20receives a payment equal to two-thirds of the amount determined under par. (b) and
21the county in which the city or village is located receives a payment equal to
22one-third of the amount determined under par. (b). If the production plant is located
23in a town, the town receives a payment equal to one-third of the amount determined
24under par. (b), and the county in which the town is located receives a payment equal
25to two-thirds of the amount determined under par. (b). If a municipality is located

1in more than one county, the county in which the production plant is located shall
2receive the county portion of the payment.
AB378-ASA1,11,83 2. For the purpose of determining the amount of the payment under par. (b),
4if a production plant is located in more than one municipality, the payment amount
5under par. (b) shall be divided among the municipalities in which the plant is located
6based on the net book value of that portion of the plant located in each municipality
7as of December 31, 2004, or as of the date on which the plant is operational,
8whichever is later.
AB378-ASA1,11,139 (d) The total amount distributable to a municipality under this subsection and
10sub. (1) in any fiscal year shall not exceed an amount equal to the municipality's
11population multiplied by $300, and the total amount distributable to a county under
12this subsection and sub. (2) in any year shall not exceed an amount equal to the
13county's population multiplied by $100.
AB378-ASA1, s. 22 14Section 22. 79.04 (7) of the statutes is created to read:
AB378-ASA1,11,2515 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as
16described in sub. (6) (a), other than a nuclear-powered production plant, is built on
17the site of, or on a site adjacent to, an existing or decommissioned production plant;
18or is built on a site purchased by a public utility before January 1, 1980, that was
19identified in an advance plan as a proposed site for a production plant; or is built on,
20or on a site adjacent to, brownfields, as defined in s. 560.13 (1) (a), after December
2131, 2003, and has a name-plate capacity of at least one megawatt, each municipality
22and county in which such a production plant is located shall receive annually from
23the public utility account a payment in an amount that is equal to the number of
24megawatts that represents the production plant's name-plate capacity, multiplied
25by $600.
AB378-ASA1,12,7
1(b) Beginning with payments in 2005, if a production plant, as described in sub.
2(6) (a), that is a baseload electric generating facility is built after December 31, 2003,
3and has a name-plate capacity of at least 50 megawatts, each municipality and
4county in which such a production plant is located shall receive annually from the
5public utility account a payment in an amount that is equal to the number of
6megawatts that represents the production plant's name-plate capacity, multiplied
7by $600.
AB378-ASA1,12,148 (c) 1. Except as provided in subd. 2., beginning with payments in 2005, if a
9production plant, as described in sub. (6) (a), that derives energy from an alternative
10energy resource is built after December 31, 2003, and has a name-plate capacity of
11at least one megawatt, each municipality and county in which such a production
12plant is located shall receive annually from the public utility account a payment in
13an amount that is equal to the number of megawatts that represents the production
14plant's name-plate capacity, multiplied by $1,000.
AB378-ASA1,12,2215 2. If a production plant as described under subd. 1. fires an alternative energy
16resource together with a fuel other than an alternative energy resource, the number
17of megawatts used to calculate the payment under subd. 1. is the number of
18megawatts that represents the production plant's name-plate capacity multiplied by
19a percentage that represents the energy content of the alternative energy resource
20in the year prior to the year in which the payment is made as compared to the total
21energy content of the alternative energy resource and the other fuel in the year prior
22to the year in which the payment is made.
AB378-ASA1, s. 23 23Section 23. 196.20 (7) of the statutes is created to read:
AB378-ASA1,13,524 196.20 (7) (a) In this subsection, "mitigation payment" means, as approved by
25the commission, an unrestricted or recurring monetary payment to a local unit of

1government in which an electric generating facility is located to mitigate the impact
2of the electric generating facility on the local unit of government. "Mitigation
3payment" does not include payments made or in-kind contributions for restricted
4purposes to directly address health or safety impacts of the electric generating
5facility on the local unit of government.
AB378-ASA1,13,76 (b) Except as provided in par. (c), an electric public utility may not recover in
7rates any of the following:
AB378-ASA1,13,88 1. The cost of mitigation payments paid by the utility.
AB378-ASA1,13,139 2. The cost of mitigation payments paid by the owner or operator of an electric
10generating facility that the owner or operator recovers from the utility by selling
11electricity to the utility, by leasing the facility to the utility, or by any agreement
12between the owner or operator of the electric generating facility and the public
13utility.
AB378-ASA1,13,1614 (c) The commission shall only approve a mitigation payment agreement that
15is received by the commission before June 10, 2003, and, if the commission finds the
16agreement to be reasonable, shall not subsequently modify the agreement.
AB378-ASA1, s. 24 17Section 24. Initial applicability.
AB378-ASA1,13,2118 (1) The treatment of sections 20.835 (1) (d) and (dm), 79.005 (1), (1b), (1d), (1f),
19(2m), (3), and (4), 79.01 (2m), and 79.04 (1) (intro.), (a), (b) 2., and (c) 1., (2) (a) and
20(am) 2., (3m), (4), (5), (6), and (7) of the statutes first applies to distributions made
21on the 4th Monday in July, 2005.
Loading...
Loading...